Military Law and Double Jeopardy?

Question

We all know, that Double Jeopardy applies in the US, stopping one from getting tried twice for the same act... by the same type of court. Double Jeopardy does obviously not apply to being tried by the state and the federal court system, where you can be convicted for drug smuggling by both the Federal and the State court as you broke both laws with the same act. Sometimes one of them is using the result of the other as evidence and to fast track the trial.

With the right setup, we know that up to 4 states, 2 tribal governments, and the federal court system could get you for murder on the Four Corner's Monument.

How would being in the US Military add to that? Could a military court take the same act (in the example murder, but possibly also noncapital crimes) and try you for the same or different charge to further increase the punishment?

Answer 1

Double Jeopardy does obviously not apply to being tried by the state and the federal court system, where you can be convicted for drug smuggling by both the Federal and the State court as you broke both laws with the same act.

This is true, and the answer to your question comes in the reason this is true. The exception to double jeopardy you're referring to applies to charges from separate sovereigns. When considering whether two entities can both charge someone, you trace back each of them to the sovereign power that gives them their authority. States are considered sovereign, as are Indian tribes with respect to crimes committed by Indians (although for certain serious crimes like murder, Congress arguably stripped tribal courts of jurisdiction with the Major Crimes Act). The United States is of course sovereign.

The military is not sovereign. Military charges are based on the sovereignty of the United States, so double jeopardy applies between military and civilian federal courts. Likewise, US territories (and DC) are not sovereign and have criminal jurisdiction based on the sovereignty of the United States, so territorial (and DC) charges are subject to double jeopardy with each other, with military charges, and with civilian federal charges. That said, double jeopardy only applies if the charges represent the same offense. The UCMJ has offenses with no civilian analog. If you're charged with murder in civilian federal court and mutiny under the UCMJ, those are two different crimes.

Answer 2

The military has jurisdiction over all service members, regardless of location and regardless of whether the victim is also military. (The Uniform Code of Military Justice, or "UCMJ", is a great resource for those interested).

The military's authority is not exclusive, however. Crimes overseas or in the states (other than federal areas) can result in a soldier being charged and tried by two separate entities.

For example, if a soldier commits a robbery in Vermont, then Vermont and the military can both try the soldier for robbery. Similarly, if the soldier commits a violent crime against a citizen in another country, both the military and the foreign country can charge the soldier. (This is often negotiated or determined by local agreements).

Some actions can result in different crimes for the same behavior. For instance, if an officer is charged with drug possession in a state court, it could lead to charges of conduct unbecoming an officer in the military.